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PROMOTING AND PROTECTING MINORITY RIGHTS
Commentary to the United Nations
Declaration on the Rights of Persons Belonging to National
or Ethnic, Religious and Linguistic Minorities of the Working Group
on Minorities1
I. INTRODUCTION
1. In 1992, in its resolution 47/135, the United Nations General Assembly proclaimed the
Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic
Minorities. The Assembly requested that intensified efforts be made to disseminate information
on the Declaration and promote understanding thereof.
2. This commentary has been prepared in the context of the Working Group on Minorities
of the Sub-Commission on the Promotion and Protection of Human Rights. It is intended to serve
as a guide to the understanding and application of the Declaration. The first draft, prepared by
Asbjørn Eide as Chairperson-Rapporteur, was submitted to the Working Group on Minorities for
discussion in 19982 and was subsequently circulated to Governments, intergovernmental and
non-governmental organizations and individual experts for comments. A compilation of those
comments was submitted to the Working Group at its fifth session in 1999.3 Additional comments
were made during that session and at the sixth session in 2000.4 The Working Group requested
Mr Eide on that basis to finalize the Commentary and to ensure its publication in the planned
United Nations manual on minorities. The present final text therefore draws on written work
or oral contributions by many experts, Governments and international and non-governmental
organizations, and thus takes into account a broad body of opinion. The Working Group on
Minorities, at its tenth session adopted the Commentary on the United Nations Declaration on the
Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities originally drawn
up by its former Chairperson, Asbjørn Eide, and contained in document E/CN.4/AC.5/2001/2,
as a Commentary of the Working Group as a whole.
II.
PURPOSES OF THE DECLARATION: ADVANCING HUMAN RIGHTS AND THE
PRINCIPLES OF THE CHARTER OF THE UNITED NATIONS
3. The purposes of the Declaration, as set out in the General Assembly resolution 47/135
and the preamble to the Declaration, is to promote more effective implementation of the human
rights of persons belonging to minorities and more generally to contribute to the realization of
the principles of the Charter of the United Nations and of the human rights instruments adopted
at the universal or regional level. The Declaration on Minorities is inspired by article 27 of
the International Covenant on Civil and Political Rights. The General Assembly holds that the
promotion and protection of the rights of minorities contribute to the political and social stability
of the States in which minorities live and contribute to the strengthening of friendship and
cooperation among peoples and States.
4. The Declaration builds on and adds to the rights contained in the International Bill of
Human Rights and other human rights instruments by strengthening and clarifying those rights
which make it possible for persons belonging to minorities to preserve and develop their group
E/CN.4/Sub.2/AC.5/2005/2.
1
E/CN.4/Sub.2/AC.5/1998/WP.1.
2
E/CN.4/Sub.2/AC.5/1999/WP.1.
3
E/CN.4/Sub.2/AC.5/2000/WP.1.
4